Mary Clare Bonaccorsi serves as outside general counsel and trusted business adviser to health care and life sciences companies. Those clients include domestic and international medical equipment suppliers, specialty pharmacies, home care providers, home infusion providers, hospice providers, pharmacy benefit managers, academic medical centers, hospitals and health systems, laboratories, ambulatory surgery centers, dialysis providers and pharmaceutical manufacturers.
As the Cross Departmental Litigation Chair and national Health Care Litigation and Disputes practice chair, Mary Clare works closely with clients' legal and operational teams to devise and implement litigation avoidance strategies and provides counsel on operational, regulatory and compliance matters. She previously served as Deputy General Counsel to a publicly-traded home infusion provider and understands the importance of having a deep and practical understanding of clients' business operations and goals. She has successfully tried cases before judges and juries in state and federal courts throughout the country, and has successfully led cases involving shareholder disputes, breach of contract claims, unfair competition, Lanham Act, business torts and False Claims Act/qui tam claims. Mary Clare also handles government and commercial payor disputes, audits and investigations.
She utilizes a number of alternative dispute resolution mechanisms to resolve business disputes and takes a practical and holistic approach to solving clients' problems. Mary Clare chose the legal profession as a way to devote her time and skills to assist others and spends considerable time on pro bono matters. She is also a frequent industry speaker and author.
False Claims Act and Government Investigations
- Lead defense counsel for Philidor Rx Services, LLC and its CEO in civil and criminal investigations relating to Valeant Pharmaceuticals; trial lawyer for defense in U.S. v. Gary Tanner, et al. (S.D.N.Y. 2016).
- Lead defense counsel for BioScrip, Inc. in U.S. ex Rel. Kester v. Novartis et al. (S.D. N.Y. 2012). Achieved a favorable settlement of all claims brought against specialty pharmacy in the amount of $15 million, with no admission of liability and no corporate integrity agreement, where other similarly situated specialty pharmacy settled for $60 million and manufacturer defendant settled for $390 million.
- Lead defense counsel in U.S. ex Rel. Herman v. Coloplast et al. (D. Mass. 2015) in an industry-wide action brought against manufacturers of durable medical supplies and suppliers for alleged violation of federal and state anti-kickback laws, and alleged violations of Medi-Cal's upper billing limit laws. Successfully handled civil and criminal investigations and negotiated favorable settlement on behalf of a durable medical supplier client with no admission of liability.
- Lead defense counsel in U.S. ex Rel. Bidani v. Lewis et al. (N.D. IL 2003). Achieved a favorable settlement of all claims brought against dialysis supplier and its owner, convincing the government not to intervene and to forego receipt of any portion of the settlement amount. No admission of liability and no corporate integrity agreement.
- Representation of multiple health care clients in internal investigations relating to potential violations of the False Claims Act, overpayment laws, Anti-Kickback laws, and Medicare and Medicaid regulations.
- Representation of multiple clients in responding to Subpoenas Duces Tecum and Civil Investigative Demands issued by state and federal governmental entities in investigations relating to the health care and pharmaceutical industry, including matters regarding rebate practices, pricing (AWP and WAC), charge backs, credits, medical necessity, coding, and referral relationships.
- Successfully represented PBM against claims brought by Medicaid managed care organization for breach of contract, obtaining full payment of all withheld payments, and negotiating termination of business relationship.
- Represented national provider of infusion services in substantial commercial payor dispute. After exhausting administrative appeals, filed for arbitration and negotiated a confidential settlement that amounted to less than 15 percent of total claimed overpayment amount and negotiated for the provider client a more favorable business relationship with payor on a going-forward basis.
- Obtained reduction beyond 90 percent of alleged overpayments in government payor audit of DME supplier client, saving client over $20 million.
- Obtained a walk-away settlement on the eve of arbitration brought against a provider client by a managed care organization seeking recoupment of amounts in excess of $10 million.
- Successful representation of pharmacy and PBM in a dispute with PBM over management of client's cash card business. Recovered 100% of outstanding amounts owed through settlement on eve of AHLA arbitration.
- Successfully defended Home Medical Equipment Supplier in a multi-million dollar dispute lawsuit brought by Texas-based Medicaid managed care organization seeking recovery of alleged overpayments.
- Have handled multiple administrative appeals.
Miscellaneous Noteworthy Matters
- Represented home medical equipment supplier in appeal of CMS revocation of license for alleged failure to comply with CMS supplier standards. Succeeded in having CMS rescind revocation and full reinstatement of supplier's license.
- First-chaired two-week trial on behalf of ambulatory surgery center in a dispute with a former shareholder. Obtained jury verdict in client's favor, which was upheld by Arizona Court of Appeals.
- Successfully defended action brought by individual shareholders and surgery center LLC in action alleging breach of contract and breach of fiduciary duty. Obtained settlement for client with full release on all claims, no payment of any monies by client and obtained buyout of client's management contract and surgery center ownership interest in an amount substantially in excess of the parties' expert valuation of management contract and ownership interest.
- Represented Defendant - Appellee hospital in Bryant v. Glen Oaks Medical Center f/k/a Glendale Heights Community Hospital, 272 Ill. App. 3d 640 (May 12, 1995), for alleged breach of contract and wrongful termination of pathologist's medical staff privileges. Obtained summary judgment order dismissing case by the trial court. Drafted and argued appeal that resulted in a landmark decision in Illinois, affirming a hospital's right to enter into exclusive contracts with hospital-based providers.